The department is authorized to administer a pilot program under which it may enter into not more than ten cooperative agreements with eligible participants to implement and evaluate the use of innovative environmental approaches. The cooperative agreement shall:

(1) identify the facility, the activities, and the pollutants that are covered by the cooperative agreement;

(2) specify any approvals and provisions of approvals that are replaced by the cooperative agreement;

(3) commit the participant to implement an environmental management system at the covered facility and commit the participant to document performance under the environmental management system;

(4) commit the participant to demonstrated superior environmental performance that exceeds requirements of South Carolina environmental law, to achieve measurable or noticeable improvements in its environmental operations, to reduce natural resource or energy consumption, and to reduce waste generation;

(5) specify waste reduction goals in measurable and verifiable terms;

(6) identify changes in raw materials, approaches of production, distribution or uses of products or in the reuse, recycling, or disposal of materials that the participant will implement to achieve process efficiencies, to reduce the pollution of the air, water, and land and to reduce the use of energy or natural resources or indoor chemical exposure;

(7) contain pollution limits that are measurable, verifiable, enforceable, and at least as stringent as the pollution limits under South Carolina environmental law;

(8) describe the innovative environmental approaches and any variances granted to the participant;

(9) list the requirements that would be included in any approvals that are replaced by the cooperative agreement;

(10) require the participant to submit a performance evaluation within 180 days of the date that the cooperative agreement is effective and to periodically update the performance evaluation as specified in the cooperative agreement;

(11) require the participant to report any violations discovered during a performance evaluation as required in Section 48-56-130;

(12) ensure that members of the interested persons group, established as required under Section 44-56-60, have the opportunity to review and comment on the participant's draft cooperative agreement and the participant's performance under the cooperative agreement;

(13) require the participant to provide information to the interested persons group and to the public about the participant's environmental performance and the results of the project, including environmental, social, and economic impacts and to meet with the interested persons group at least once every 6 months to discuss the implementation of the participant's cooperative agreement and to receive comments on the progress of the project;

(14) require the participant to assess the success of the project in reducing the time and money spent by the participant on paperwork and other administrative activities that do not directly benefit the environment;

(15) specify that the term of the agreement is up to 5 years with the possibility of one renewal for up to 5 years.

HISTORY: 2002 Act No. 318, Section 1.